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January 6, 2012
IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA CIVIL ACTION – LAW Wells Fargo Bank vs. Jennifer Swan-Branconi John Joseph Branconi : : : : : : NO. 2011-03329
RESPONSE TO PLAINTIFF’S MOTION FOR SUMMARY JUDGEMENT:
To the Honorable Judges of the Court: This Co-Defendant prays this Honorable Court would dismiss the Foreclosure Complaint against her and deny a Summary Judgment in favor of the Plaintiff as a matter of law and Pennsylvania statute. The Plaintiff has failed to establish a contract of mortgage between itself and this named Co-Defendant. Rule 2002 of the Pennsylvania Rules of Civil Procedure require that “(a) Except as otherwise provided in clauses (b), (c) and (d) of this rule, all actions shall be prosecuted by and in the name of the real party in interest…………….” Wells Fargo Bank has failed to establish itself as the real party of interest in this Foreclosure complaint except through fraudulent, fabricated documents as will be detailed shortly. Wells Fargo has failed to present the original, blue ink signed promissory note establishing a contract between this defendant and Wells Fargo. If there is no note, there is no debt. Anyone, including the Plaintiff can go into the Montgomery County Recorder of Deeds Website and obtain copies of the documents submitted in their Motion for Summary Judgment. This co-defendant, Jennifer L. Swan-Branconi, previously filed a Motion for Summary Judgment on March 16, 2011 (Exhibit A). The Plaintiff, though served by this Defendant, failed to respond according to Pennsylvania Rules of Civil Procedure. Pennsylvania Rules of Civil Procedure require the defendant respond within 30 days. A certificate of service is not required to be filed with the Prothonotary. The case order and all documents filed are available to the public on the Montgomery County Court of Common Pleas Website and the Plaintiff acknowledges receipt of all other responses filed by this defendant without
2006 as Exhibit D. Home Eq paperwork from 2009 is stamped Wachovia (Exhibit D) and who was perhaps the owner of a security and Wells Fargo purchased Wachovia in 2009 (Exhibit E). subpart E. Wells Fargo has failed to present the original. as presented by the Plaintiff in the Original Foreclosure Complaint and cited in this Co-Defendants Motion for Summary Judgment on March 16th 2011. I enter the original letter of transfer provided to me by Agents of New Century Corporation on September 1. paragraph 226. Yet. 2011 (Exhibit F).certificates of service (Exhibit B). the Plaintiff failed to respond to this defendants motion. There are genuine issues as to material fact. 2006 having acquired the “note” from New Century Corporation on or about September 1. were modified. Rule 2002 of the Pennsylvania Rules of Civil Procedure require that “(a) Except as otherwise provided in clauses (b). The fact that Home Eq Corporation was the “legal holder” of the “note” and mortgage in 2009 is further evidence that Wells Fargo could not possibly have obtained the (missing) “note” in 2006 from New Century as fabricated documents that agents of Wells Fargo Bank recorded with the Montgomery County Recorder of Deeds on March 23. signature and consent of this defendant and Home Eq subsequently released this defendant from the contract between herself and Home Eq Corporation. 1.” Wells Fargo Bank has failed to establish itself as the real party of interest in this Foreclosure complaint except through fraudulent. all actions shall be prosecuted by and in the name of the real party in interest……………. 2006 (Exhibit D). A loan modification agreement was reached between Home Eq Servicing/Corporation and Mr. the original mortgage terms (printed from the Montgomery County Recorder of Deeds website and placed there in 2006. Also. (c) and (d) of this rule. require that “each covered person is subject to the requirements of this section and shall mail or deliver the . in February 2009 (Exhibit C). fabricated documents.39 b. and the Plaintiff is not entitled to judgment as a matter of law: Wells Fargo Bank is not the legal holder of a mortgage note. Branconi without the knowledge. Home Eq is an independent financial corporation which was purchased by Ocwen Financial Corporation in 2010 (Exhibit G). governing mortgage transfer disclosures. at least once. therefore has not established itself as the real party of interest to file the Foreclosure complaint. Furthermore. The loan modification was granted by Home Eq Corporation who was the “legal mortgage holder” since September 1. FDIC laws under the consumer protection ACT 6500. blue ink signed promissory note establishing a contract between this defendant and Wells Fargo. The foreclosure action was obviously initiated by the Plaintiff. John J.
2010 showing that the Mortgage holder listed is Integrated Financial Group. I have not failed to make mortgage payments for an excessive amount of time. Such admissions do not preclude changes as a result of new facts discovered. I merely admitted to entering into a mortgage contract. Gravel Pike. by fraudulent documents. Perkiomenville. in 2006 with Integrated Financial Group. This logic is ludicrous. the material facts of this case. 2. including erroneous and overall paucity of information regarding the status of the alleged mortgages and liens on the property. Denied and untrue. lack of documentation provided by Mortgage Companies and Servicers concerning financial accounting and documentation of an original mortgage. The accounting by Wells Fargo is inadequate. Such admissions do not discount. while I am a real owner. I thought. By matter of law. Also included in this exhibit are documents from a previous short-sale agreement with Home Eq servicing occurring in 2009. If indeed. agreed in part. If the plaintiff holds this position. numerous facts concerning the situation have surfaced. Adequate accounting of monies paid and/or due on the original two liens and communication regarding such have not been made available to me. lack of documentation provided and concerning this alleged mortgage and monies. I also enter. I am not a party to any lien and or mortgage agreements that may be outstanding against the property as alleged by the Plaintiff. 3. I am not responsible for any mortgage payments and so I am not in default of a mortgage note/contract with Wells Fargo Bank.disclosures required by this section to the consumer on or before the 30th calendar day following the date of transfer. Denied in part. as exhibit H. PA 19074. what admissions this defendant may have made in the original answer concern the original mortgage contract and were due to lack of knowledge in the law. Such admissions in this Defendant’s first answer in no way alter any facts. change. then Wells Fargo Bank failed to provide notice to me and five years have lapsed without notice to this defendant. I am a real owner of the property. located at 1322 N. New evidence supports the entire transaction to be fraudulent. true or untrue. of the property being foreclosed on. Therefore. in opposition to the law. and suspect.” Wells Fargo Bank alleges. by way of my name on a deed. or erase. Denied. . as outlined in the Foreclosure Complaint filed by Wells Fargo Bank. unsubstantiated. by Wells Fargo Bank. Since the filing of the Foreclosure complaint. by way of Deed. to have obtained a mortgage note from New Century Corporation where New Century transferred/sold the mortgage in 2006. Wells Fargo Bank obtained a mortgage note from New Century in 2006. to this Motion for Summary Judgment. by way of Deed. then I would not be permitted to respond according to Pennsylvania Rules of Civil Procedure. a Commonwealth Land and Title Insurance Company Judgment and Lien Search from August 16. 4.
This is a band of Attorneys trying to fraudulently acquire a property. As I previously stated.5. As I previously stated. 7. legal financial procedures in the past. the plaintiff has failed to respond to any of my previously filed answers. To the best of my knowledge. I received warning that the Law Firm. I can file an addendum to an answer without the courts permission. Gravel Pike. 6. I do not have a mortgage contract with Wells Fargo Bank. Perkiomenville. Udren Law. but not necessarily Wells Fargo Bank. I fear this case is reminiscent of . To the best of my knowledge. 8. addendum to answers. The Plaintiff has not presented evidence in the form of legal documentation and legal paper/accounting documents to establish amounts due. Moreover. Wells Fargo’s handling of an alleged mortgage lien is improper. John Branconi resides at the residence being foreclosed on and any loan agreements since 2009 are between he and perhaps some bank and not necessarily Wells Fargo Bank. The Plaintiff is not only NOT the legal mortgage holder or holder of the original blue ink promissory note on liens against 1322 N. PA 18074. Denials are NOT admissions and denials are not material facts. False and therefore denied. In light of the Plaintiffs fabricated evidence and paucity of real evidence. local rules of civil procedure do not require courts approval to amend by leave of court. Mr. A fact is Wells Fargo Bank has no legal right for judgment or claim against me. By what legal code/rules are denials improper? The filing of this Foreclosure complaint is improper. Counsels’ handling this Foreclosure process is improper The Plaintiff has no grounds to hold me responsible for alleged mortgage amounts. I have experienced proper. Mr. I attach the document as Exhibit J. The amounts due and owing as presented by the Plaintiff are suspect. Wells Fargo Bank did not send me the alleged pre-foreclosure notices. To the best of my knowledge. This accusation is false. Pennsylvania Rules of Civil Procedure do not preclude me from entering an addendum to a response to a civil action against me. I present what a note should look like as I have one on a previous property (Exhibit I). representing Wells Fargo is implicated or implicated in the past in Foreclosure fraud and robosigning affidavits. Denied. John Branconi resides at the residence being foreclosed on by the Plaintiff and any loan agreements since 2009 are between he and perhaps some bank. or this Defendant’s Motion for Summary Judgment.
Wherefore. Jennifer L. the complaint in foreclosure filed against her by matter of law. Respectfully submitted. Swan-Branconi requests this Honorable Court to dismiss. this Defendant. Jennifer Branconi . with prejudice. I have reported certain aspects of this Foreclosure case and the fraud occurring within it by the Plaintiffs and agents thereof to the Pennsylvania Attorney General.the nationwide explosion of foreclosure fraud reports and investigations (Exhibit K).
2011-03329 .Jennifer Lynn Branconi. PENNSYLVANIA CIVIL ACTION – LAW Wells Fargo Bank V. 2011 IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY. Jennifer Swan-Branconi : : : NO. Pro Se 1505 Taylor Road Lansdale. PA 19446-1532 267-241-7408 December 31.
John J. Jennifer L Swan-Branconi. In addition. I filed two responses to the Plaintiff’s original complaint and a Motion for Summary Judgment that went ignored by the plaintiff (Exhibit C). I have never entered into a mortgage contract with Wells Fargo Bank. II. a mortgage contract was modified in 2009 by Home Eq Servicing and without this named Co- . without my knowledge or signed consent and with the sole consent of the “primary” borrower and co-defendant in this foreclosure complaint. PA and was only in the process of acquiring the note (Exhibit D). Perkiomenville. but has fabricated/altered documents on a mortgage that I entered into in 2006 (Exhibit A) and that has been modified at least once in 2009 (Exhibit B). with Wells Fargo Bank. John J. Branconi. Branconi DEFENDANT’S BRIEF SUPPORTING A MOTION FOR SUMMARY JUDGEMENT AGAINST PLAINTIFF I. Gravel Pike. STATEMENT OF FACTS The plaintiff alleges to be the legal holder of a note securing debt on a mortgage and that I am in default of said mortgage. STATEMENT OF THE QUESTION INVOLVED There are indeed genuine issues as to the material facts. There is no evidence that I have a mortgage with Wells Fargo Bank. As established by the Plaintiff in the Foreclosure Complaint. The Wells Fargo Bank claims they own a mortgage note and refer to “her’ mortgage. I do not have a mortgage contract with Wells Fargo Bank. ARGUMENT This Defendant. By its own admission in the Foreclosure Complaint. III. note or otherwise. Wells Fargo Bank has failed to establish itself as a legal owner of any mortgage lien against 1322 N. filed a Motion for Summary Judgment on March 16th 2011 and the Plaintiff failed to respond according to Pennsylvania Rules of Civil Procedure. In fact. Gravel Pike. PA 19074. I do not have a mortgage contract. The plaintiff not only fails to be the legal holder of the note/mortgage in question. Wells Fargo Bank is not the legal owner of a mortgage note related to 1322 N. Perkiomenville. Wells Fargo claims that I have a mortgage contract with them and that I am the sole party responsible for an alleged default.
by matter of law. Will Wells Fargo Bank now try to submit fabricated evidence that there was a transfer of mortgage from Home Eq to them in order to cover their back-sides and fraudulently obtain a judgment against myself? Not only was Wells Fargo not an interested party to the mortgage I entered into in 2006. fraudulently. Wells Fargo Bank does not have cause to file suit against me. Respectfully submitted.defendant’s consent or signature (Exhibit B). the principle mortgage in question here was transferred not from New Century Mortgage to Wells Fargo Bank. Such an action effectively released me from any future obligation to a contract entered into in 2006. After my Motion for Summary Judgment was entered. but from New Century Mortgage to Home Eq Servicing on or near September 8. I have the original piece of paper without the alleged information on it (Exhibit F). this Co-Defendant respectfully requests this Honorable Court to dismiss the foreclosure complaint filed against her. I was not a party to the modification of the terms and conditions of the loan originating from 2006. with prejudice. I have a short sale contract and other documents from July of 2010 which clearly state the Mortgage holder to be Home Eq Servicing (Exhibit G). As further evidence that Agents of Wells Fargo Bank created phony documents in an attempt to attach their legal interest or party to a 2006 mortgage. Moreover. I WHEREFORE. Jennifer Swan-Branconi . Agents and/or attorneys of Wells Fargo Bank altered documents after my filing of a Motion for Summary Judgment in March 2011 (Exhibit E). Wells Fargo Bank agents entered themselves as the Mortgage Holder with the Montgomery County Recorder of Deeds. in March 2011 and added their name to a piece of paper they printed out with a date of 2006 on it. 2006 (Exhibit G).
EXHIBIT A .
EXHIBIT B .
EXHIBIT C .
EXHIBIT D .
EXHIBIT E .
EXHIBIT F .
EXHIBIT G .
EXHIBIT H .
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